The Federal High Court in Abuja has nullified the timelines issued by the Independent National Electoral Commission (INEC) for the conduct of party primaries and submission of candidates ahead of the 2027 general election.
In a judgment delivered on Thursday, Mohammed Umar, the presiding judge, held that INEC lacks the statutory powers to abridge timelines expressly provided under the Electoral Act, 2026.
The suit, marked FHC/ABJ/CS/517/2016, was filed by the Youth Party (YP), which challenged INEC’s authority to prescribe deadlines for political parties outside the provisions of the law.
The plaintiff argued that while INEC has powers to receive notices of party primaries and monitor the process under sections 29, 82 and 84(1) of the Electoral Act, such powers do not include fixing timelines for parties to conduct primaries.
Agreeing with the argument, the court ruled that INEC cannot determine the timetable for party primaries.
INEC CAN’T SHORTEN TIMELINES
The court also ruled that INEC cannot lawfully shorten the statutory timeframe allowed for submission of candidates’ particulars.
According to the judgment, section 29(1) of the Electoral Act only requires parties to submit candidates’ details “not later than 120 days before an election”.
The judge held that the commission “cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.”
On withdrawal and substitution of candidates, the court said INEC cannot impose deadlines earlier than the 90-day period stipulated in section 31 of the Electoral Act.
The court further held that INEC lacks the authority to publish the final list of candidates before the statutory minimum period provided by law.
It also voided the provision in the commission’s timetable directing campaigns to end two days before elections.
Consequently, the court set aside INEC’s revised timelines for party primaries, submission of candidates’ particulars, withdrawal and replacement of candidates, publication of final candidate lists, and campaign activities for the 2027 elections, ruling that they are inconsistent with the Electoral Act, 2026.
